Notice2024-16340
Parts and Accessories Necessary for Safe Operation; Safe Fleet Bus and Rail Application for an Exemption
Primary source
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Published
July 25, 2024
Effective
July 30, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant a limited 5-year exemption to Safe Fleet Bus and Rail (Safe Fleet) to allow motor carriers to operate commercial motor vehicles (CMVs) with the company's "MirrorLESS" camera monitor system (CMS) installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.
Full Text
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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Pages 60486-60488]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16340]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0201]
Parts and Accessories Necessary for Safe Operation; Safe Fleet
Bus and Rail Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant a limited 5-year exemption to Safe
Fleet Bus and Rail (Safe Fleet) to allow motor carriers to operate
commercial motor vehicles (CMVs) with the company's ``MirrorLESS''
camera monitor system (CMS) installed as an alternative to the two
rear-vision mirrors required by the Federal Motor Carrier Safety
Regulations (FMCSRs). The Agency has determined that granting the
exemption would likely achieve a level of safety equivalent to or
greater than the level of safety provided by the regulation.
DATES: This exemption is effective July 30, 2024 and ending July 25,
2029.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9209; <a href="/cdn-cgi/l/email-protection#e7aaa4b7b4b1a7838893c9808891"><span class="__cf_email__" data-cfemail="d29f9182818492b6bda6fcb5bda4">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
Docket: For access to the docket to read background documents or
comments submitted in response to the notice requesting public comments
on the exemption application, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or
visit the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Docket
Operations. The on-line Federal document management system is available
24 hours each day, 365 days each year. The docket number is listed at
the beginning of this notice.
I. Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain parts of the FMCSRs. FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must also provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If granted, the notice will identify the regulatory
provision(s) from which the applicant will be exempt, the effective
period, and all terms and conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is denied, the notice will explain the
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
II. Safe Fleet's Application for Exemption
Safe Fleet applied for an exemption from 49 CFR 393.80(a) to allow
motor carriers to operate CMVs equipped with the company's MirrorLESS
CMS installed as an alternative to the two rear-vision mirrors required
by the FMCSRs. A copy of the application is included in the docket
referenced at the beginning of this notice.
[[Page 60487]]
Section 393.80(a) of the FMCSRs requires that each bus, truck, and
truck-tractor be equipped with two rear-vision mirrors, one at each
side. The mirrors must be positioned to reflect to the driver a view of
the highway to the rear and the area along both sides of the CMV.
Section 393.80(a) cross-references the National Highway Traffic Safety
Administration's (NHTSA) standards for mirrors on motor vehicles (49
CFR 571.111, Federal Motor Vehicle Safety Standard [FMVSS] No. 111,
``Rear Visibility''). Paragraph S7.1 of FMVSS No. 111 provides
requirements for mirrors on multipurpose passenger vehicles and trucks
with a gross vehicle weight rating (GVWR) greater than 4,536 kg and
less than 11,340 kg and each bus, other than a school bus, with a GVWR
of more than 4,536 kg. Paragraph S8.1 provides requirements for mirrors
on multipurpose passenger vehicles and trucks with a GVWR of 11,340 kg
or more.
The Safe Fleet CMS consists of three cameras, each with a specific
field of view (FOV), firmly mounted close to the vehicle's drip rail
location i.e., a metal or rubber strip installed along the top edge of
the vehicle's doors, enclosed in an aerodynamic package that provides
environmental protection for the cameras. Each camera presents a clear
image to the driver by means of an internal monitor firmly mounted to
the left and right A-pillar of the CMV, i.e., the structural member
between the windshield and door of the cab. The installation of the
monitors on the A-pillars creates no additional visual obstruction,
while eliminating the substantial blind spots created by conventional
mirrors. Safe Fleet states that its MirrorLESS CMS meets and/or exceeds
the visibility requirements provided in FMVSS No. 111 based on the
following factors:
<bullet> Cameras are firmly mounted to the exterior body structure
to ensure vibration does not adversely affect the field of vision.
<bullet> The left and right video channels are processed
independently so that failure of one does not impact operation of the
other.
<bullet> The system reduces glare from ambient light, keeping the
screen clear and visible during high light operations.
<bullet> The system provides enhanced vision at night or in low
light conditions, with the cameras automatically adjusting along with
the monitors to provide enhanced vision over traditional mirrors.
<bullet> The system is equipped with a built-in heater, air nozzle,
and hydrophobic lens, preventing the accumulation of ice, snow, and
rain, ensuring the driver maintains unobstructed views.
<bullet> FOV improvement of approximately 25% compared to standard
ISO Class II & Class IV mirrors.
In addition, Safe Fleet stated that the Agency's reasoning
supporting the grant of previous exemptions is equally applicable to
the Safe Fleet's MirrorLESS CMS.
Safe Fleet believes that mounting the system as described would
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption.
III. Summary of Comments
FMCSA published a notice of the application in the Federal Register
on November 16, 2023, requesting public comment (88 FR 78809). The
Agency received comments from two individuals, one opposing the
application and one supporting it, subject to conditions.
The commenter who opposed the exemption generally discourages the
use of cameras to replace mirrors. The other commenter suggested that
the cameras be used in conjunction with standard rearview mirrors,
rather than replacing them, due to concerns that an unsafe operating
condition would exist in the event of a camera failure.
Separate, but related, FMCSA has received numerous comments in
support of other, similar camera-based mirror system exemptions, such
as in Stoneridge, Inc. ``MirrorEye Camera Monitor System'' (84 FR 5557,
February 21, 2019); Vision Systems North America ``SmartVision System''
(85 FR 2486, January 15, 2020); Robert Bosch, LLC and Mekra Lang North
America, LLC (Bosch) ``Digital Mirror System'' (85 FR 58106, September
17, 2020); and Rosco Vision, Inc. ``Commercial Vehicle Digital Camera
Monitor System'' (87 FR 73386, December 4, 2022). Seventeen motor
carriers, associations, and individuals supported the Stoneridge
application, specifically noting the following benefits: (1) superior
total FOV around a CMV, including reduction/elimination of blind spots
(2) increased visibility when driving at night and during inclement
weather, (3) enhanced vehicle maneuverability in backing, turning, and
lane changes through use of trailer scanning, (4) and reduced driver
fatigue.
Vision Systems North America's application was supported by 5 motor
carriers, associations, and individuals. These commenters specifically
noted the following benefits of the camera-based mirror system
proposed; (1) improved FOV around a CMV, including reduction/
elimination glare and blind spots (2) increased visibility when driving
at night and during inclement weather, and (3) reduced driver fatigue.
The American Bus Association (ABA) commented in support of the
Bosch Digital Mirror System. The ABA noted that the Bosch system
provided the following visibility benefits: (1) anti-glare, (2)
improved visibility at night and during adverse weather conditions, and
(3) elimination of blind spots by providing a broader field of vision
around the vehicle.
In addition to the positive comments received relating to other CMS
systems, the Agency has not received any reports of accidents or other
safety concerns relating to the previously granted CMS exemption
applications.
IV. FMCSA Decision Granting Exemption
FMCSA evaluated Safe Fleet's application for exemption and the
comments received. For the reasons discussed below, FMCSA is granting
the exemption to allow motor carriers to install and operate CMVs with
the company's MirrorLESS CMS as an alternative to the two rear-vision
mirrors required by the FMCSRs. FMCSA believes that the MirrorLESS CMS
is likely to achieve a level of safety equivalent to or greater than
the level of safety achieved by the regulation.
A. Equivalent Level of Safety Analysis
Section 393.80 cross references FMVSS No. 111 which requires CMVs
with a GVWR of 11,340 kg (25,000 pounds) or more to be equipped with a
rearview mirror size of unit magnification of no less than 323 cm\2\
(50 in\2\) on each side of the vehicle. In its comments to a 2019 NHTSA
Advance Notice of Proposed Rulemaking on rear visibility, the Engine
Manufacturers Association \1\ (EMA) noted that manufacturers are
equipping CMVs with mirrors that are more than twice the minimum size
required for each side of the vehicle, as well as adding convex mirrors
to provide the driver a still greater FOV. The manufacturers install
these larger, less aerodynamic mirrors to provide the driver the
enhanced visibility that is crucial to the safe operation of a large
truck. Similarly, CMS like Safe Fleet's MirrorLESS CMS are capable of
providing an enhanced FOV that exceeds the requirements of FMVSS No.
[[Page 60488]]
111 and the current rear-vision mirrors installed on CMVs.
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\1\ Engine Manufacturers Association (EMA) comments to NHTSA
ANPRM Federal Motor Vehicle Safety Standard No. 111, Rear Visibility
(84 FR 54533, October 10, 2019), <a href="https://www.regulations.gov/comment/NHTSA-2018-0021-0493">https://www.regulations.gov/comment/NHTSA-2018-0021-0493</a>.
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FMCSA notes that CMS are authorized for use in a number of European
countries as a legal alternative to the traditional rear-vision mirrors
under the requirements of United Nations Economic Commission for Europe
(UNECE) R46 which specifies minimum safety, ergonomic, and performance
requirements for CMS in place of mandatory inside and outside rearview
mirrors for road vehicles. This regulation references ISO
(International Organization for Standardization) standard 16505 Rev
2019 which addresses CMS definitions and required performance for use
in road vehicles. The specifications for CMS systems in ISO 16505
exceed the FOV requirements in FMVSS No. 111.
FMCSA has reviewed Safe Fleet's CMS submission and has determined
that its MirrorLESS system exceeds both the FOV required by FMVSS No.
111 and the rear-vision mirrors currently installed by manufacturers.
FMCSA acknowledges the concerns of the two individual commenters
regarding potential system failure of the MirrorLESS CMS. FMCSA notes
that the MirrorLESS CMS is designed with redundancy in the event of
camera failure, such that if one of the cameras within the camera
assembly were to fail, the system would automatically adjust the view
of the interior monitor for that side to a full screen view of the
remaining working camera. Furthermore, if the entire camera assembly on
one side were to fail, the functionality of the other side would remain
unaffected.
In the event of camera or monitor failure, the CMV would not be
subject to an out-of-service (OOS) order because it is not a critical
inspection item under CVSA's OOS criteria,\2\ in the same way
conventional mirrors do not trigger an OOS order if cracked or damaged
while in operation. Instead, the CMV would be subject to the
requirements of 49 CFR 396.11 which would require a driver to complete
a driver vehicle inspection report at the end of the workday and the
motor carrier to correct any identified safety defects before
permitting or requiring a driver to operate the CMV again.
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\2\ The CVSA OOSC states that any motor vehicle which by reason
of its mechanical condition or loading that would be likely to cause
an accident or breakdown is considered ``Out-of-Service.''
Violations, other than Out-of-Service conditions, detected during
the inspection process will not preclude the completion of the
current trip or dispatch. However, such violations must be corrected
or repaired prior to redispatch. See <a href="https://www.cvsa.org/inspections/out-of-service-criteria/">https://www.cvsa.org/inspections/out-of-service-criteria/</a>.
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Additionally, under 49 CFR 392.7(a), CMV drivers must satisfy
themselves that a vehicle is in safe condition before operating the
vehicle. This obligation would include ensuring that both rear-vision
mirrors (or in this case, all components of the MirrorLESS CMS
including all external cameras and both internal monitors) are in good
working order. CMVs are also subject to the periodic inspection
requirements under 49 CFR 396.17, which would include an inspection of
the MirrorLESS CMS. To further ensure that the MirrorLESS CMS system is
properly maintained, the terms and conditions of the exemption specify
that motor carriers and drivers operating CMVs under this exemption
must inspect the MirrorLESS CMS before operation of the CMV.
FMCSA believes that the MirrorLESS CMS is likely to achieve a level
of safety equivalent to or greater than the level of safety achieved by
standard rear-view mirrors because it provides a greater FOV,
eliminates the blind spots created by mirrors on both sides of the
vehicle, provides a monitor with low light sensitivity feature, and
includes a camera heating system, all of which exceed the current
requirements of 49 CFR 393.80. The FMCSRs impose several operational
controls that will help ensure that the MirrorLESS CMS is functioning
properly. Before driving a vehicle, a driver must be satisfied that the
vehicle is in safe operating condition, and that any system failures
reported have been corrected prior to vehicle re-dispatch.
Additionally, the driver must complete a driver vehicle inspection
report at the completion of the workday, noting any system defects or
failures that occurred during operation of the vehicle.
B. Duration of Exemption
The Agency grants the exemption for a 5-year period, beginning July
30, 2024 and ending July 25, 2029 unless rescinded earlier by FMCSA.
During the exemption period, motor carriers operating CMVs may install
and utilize the Safe Fleet's MirrorLESS CMS in lieu of the two rear-
vision mirrors required by section 393.80 of the FMCSRs. The Agency
encourages drivers operating CMVs under this exemption to carry a copy
of the exemption in the vehicle.
C. Conditions of Exemption
1. This exemption is limited to the Safe Fleet's MirrorLESS CMS
installed on CMVs and does not apply to any other camera-based mirror
replacement system/technology.
2. Drivers operating CMVs under this exemption must inspect the
MirrorLESS CMS each time before operating the CMV and ensure that it is
in proper working order.
3. Drivers operating CMVs under this exemption must inspect the
equipment at the end of each day and note any defects in the equipment.
The motor carrier must repair any defects noted by the driver before it
operates the CMV.
4. The motor carrier must, in addition to existing periodic
inspections required by 49 CFR 396.17, periodically inspect the
MirrorLESS CMS.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
person operating under the exemption. States may, but are not required
to, adopt the same exemption with respect to operations in intrastate
commerce.
E. Termination
FMCSA does not believe the motor carrier, the drivers, and CMVs
covered by the exemption will experience any deterioration of their
safety record. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption without prior notice. The exemption will be rescinded if: (1)
motor carriers and/or CMV drivers fail to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) or 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers operating CMVs utilizing the Safe Fleet's
MirrorLESS CMS installed as an alternative to two rear-vision mirrors
are not achieving the requisite statutory level of safety should
immediately notify FMCSA by email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a4e9e7f4f7f2e4e0ebf08ae3ebf2">[email protected]</a>. The Agency will
evaluate any such information and, if safety is being compromised or if
the continuation of the exemption is not consistent with 49 U.S.C.
31136(e) and 31315(b), will take immediate steps to revoke the
exemption.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-16340 Filed 7-24-24; 8:45 am]
BILLING CODE 4910-EX-P
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